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Also Read: Know All About The Service Agreement

What is a Breach of Contract?

A contract is a legally binding agreement between two or more parties. Under Section 2(h) of the Indian Contract Act, 1872, a contract is defined as “an agreement enforceable by law.” It generally includes essential elements such as:

1. Offer and acceptance

2. Lawful consideration

3. Capacity of parties

4. Free consent

5. Lawful object

A breach of contract occurs when one party fails to fulfill the promises made in the contract without lawful excuse. The failure could be:

1. Total non-performance

2. Delay in performance

3. Defective performance

Example: If A agrees to sell 100 chairs to B by August 1st, but fails to deliver, A has breached the contract.

In such cases, the aggrieved party is entitled to remedies such as compensation, specific performance, or rescission.

Also Read: How Well-Drafted Contracts Help Avoid Costly Legal Penalties and Disputes for Businesses

What is a Breach of Trust?

A trust is a fiduciary relationship in which one person (the trustee) holds property, funds, or confidential information for the benefit of another (the beneficiary). It is governed by honesty, loyalty, and good faith.

A breach of trust occurs when the trustee:

1. Uses the entrusted asset for personal benefit

2. Acts contrary to the trust deed

3. Fails to act in the best interest of the beneficiary

Example: If an employee is given ₹5 lakh for business purchases and uses the money to pay off a personal loan, it constitutes a breach of trust.

This breach is not merely a civil issue — it may attract criminal liability under the Bharatiya Nyaya Sanhita (BNS), 2023.

Also Read: All You Need to Know About Online Contracts in 2025

Legal Framework for Breach of Trust in India

Civil Law:

• Under Indian trust laws and equitable principles, the court may order:

  1. Restitution of misused property

  2. Compensation to the beneficiary

  3. Removal of the trustee

Criminal Law:

1. Criminal breach of trust is covered under:

   1. Section 316 to 320 of the Bharatiya Nyaya Sanhita (BNS), 2023 (earlier IPC Sections 405 to 409)

2. To constitute a criminal breach of trust, there must be:

   1. Entrustment of property

   2. Dishonest conversion or misuse by the accused

Punishment can include imprisonment (up to 3 or more years) and/or fine, depending on the severity and the nature of the relationship (e.g., employee, agent, public servant).

Also Read: Understanding Breach of Contract: Types, Consequences, and Legal Remedies

Key Differences Between Breach of Contract and Breach of Trust

Although both involve a failure to uphold obligations, their underlying nature, legal remedy, and seriousness vary significantly.

Nature of Relationship

• Breach of Contract: Arises out of a mutual agreement between two or more parties.

• Breach of Trust: Based on a fiduciary relationship where one party is morally and legally bound to act for the benefit of the other.

Type of Duty

• Contract: Duties are defined strictly by the contract — deliver a product, provide a service, or make a payment.

• Trust: The duty is moral and fiduciary — to act in good faith, protect the beneficiary’s interest, and avoid personal gains.

Requirement of Dishonesty

• Breach of Contract: Dishonest intention is not necessary. Even an innocent failure or delay may amount to breach.

• Breach of Trust: Dishonest or fraudulent intention is a key element, especially for criminal liability.

Legal Classification

• Breach of Contract: Always a civil matter.

• Breach of Trust: Can be both civil and criminal, depending on intent and severity.

Legal Provisions

• Contract: Governed by the Indian Contract Act, 1872.

• Trust: Civil provisions are governed by the Indian Trusts Act, 1882; criminal breach of trust is governed by BNS, 2023.

Proof and Burden of Proof

• Contract: Plaintiff must prove:

  1. Existence of a valid contract

  2. Terms and breach

  3. Resulting damages

• Trust: Prosecution must prove:

  1. Entrustment of property

  2. Dishonest misappropriation or misuse

Remedies

Also Read: What Legal Options An Employer Have Against An Employee Who Violated The Notice Period In India

Intent

• Contract: Intent is not mandatory; liability can arise from negligence or oversight.

• Trust: Criminal liability demands dishonest or fraudulent intent.

Scope

• Contract: Wide-ranging — personal, professional, or commercial dealings.

• Trust: Narrow — only where one party is entrusted to act for another’s benefit.

Examples

Breach of Contract:

1. A real estate developer fails to deliver a flat on time.

2. A business fails to pay for goods delivered by a supplier.

Breach of Trust:

1. A lawyer siphons off a client’s funds held in escrow.

2. A treasurer of a charity uses funds for personal luxury.

Illustrative Comparison Table

Also Read: Legal Remedies for Termination of Contracts

Conclusion

In conclusion, breach of contract and breach of trust are two distinct legal concepts rooted in different types of obligations. While breach of contract is a civil wrong based on non-fulfillment of contractual terms, breach of trust involves a deeper ethical and legal failure, often with criminal implications if done dishonestly.

Understanding the nature of these two legal wrongs helps both individuals and businesses protect themselves. Whether you're entering into a contract or entrusting someone with your property or information, it's essential to know the potential legal consequences of a violation.

Being aware of your legal rights and the correct remedies can make all the difference in resolving disputes quickly and justly.

Final Thoughts

When you face a situation where another party has failed in their obligations, identifying whether it is a breach of contract or a breach of trust is crucial. It determines not only the nature of the legal remedy but also the forum where you should file your case — civil or criminal court.

If you're unsure, always consult a legal expert or seek online legal advice from trusted platforms like LegalKart to assess your case and chart the most effective course of action.

Also Read: How to Become a Lawyer in India: A Comprehensive Guide

What Triggered This PIL?

The PIL was filed in the Supreme Court by Ashwini Kumar Upadhyay, a practicing lawyer and public interest advocate known for filing socially relevant cases. In his petition titled “Ashwini Kumar Upadhyay v. Union of India & Ors”, he raised several pressing concerns:

1. The five-year integrated LL.B programme is excessively long and financially burdensome.

2. The two-year LL.M programme adds further delay and cost for students.

3. The current system does not align with the National Education Policy (NEP) 2020, which recommends a four-year multidisciplinary undergraduate programme.

4. Legal education lacks a dedicated regulatory commission, unlike medicine or engineering.

5. Many private colleges and even National Law Universities (NLUs) charge exorbitant fees, making legal education inaccessible for students from economically weaker backgrounds.

Also Read: Supreme Court Mandates Three Years of Legal Practice for Judicial Service Eligibility: A Complete Guide

Supreme Court’s Response: Who Has Been Notified?

On July 2025, a bench comprising Justice Surya Kant and Justice Joymalya Bagchi issued notices to:

1. Central Government

2. Bar Council of India (BCI)

3. University Grants Commission (UGC)

4. Law Commission of India

All these bodies have been asked to file their responses before the next hearing on September 9, 2025. The matter now lies before the highest constitutional court in the country.

Also Read: Top Ten Criminal Lawyers In India

Key Demands in the PIL

Here’s a simplified breakdown of what the PIL demands:

Formation of a Legal Education Commission

1. A regulatory body consisting of jurists, retired judges, senior advocates, and legal scholars.

2. Purpose: To study and recommend reforms to the structure, duration, pedagogy, and accessibility of law degrees.

Shortening of the Law Degree Duration

1. Revise the five-year LL.B and two-year LL.M courses to align with NEP 2020 standards.

2. Possibility of a four-year integrated LL.B, or three-year undergraduate + one-year LL.B. model.

Affordability and Access

1. Make legal education more affordable by regulating fee structures, especially in private institutions.

2. Provide scholarships and education loans with lower interest rates for law students.

Early Entry into Legal Practice

1. Encourage early entry into the profession by reducing academic delays.

2. Cites examples of legends like:

   1. Ram Jethmalani, who began practice at 17

   2. Fali Nariman, who earned his law degree by age 21

Dedicated Regulatory Authority

• Proposes a Law Education Commission similar to:

  1. National Medical Commission (NMC) for medical education

  2. All India Council for Technical Education (AICTE) for engineering and technology

Legal Education in India: Current System

Five-Year Integrated LL.B

1. Introduced in 1987 through the National Law School of India University Act.

2. Combines a Bachelor’s degree (B.A., B.Com, B.Sc) with LL.B.

3. Popular among students post-12th grade.

Three-Year LL.B

1. For students who already hold an undergraduate degree.

2. Still offered by many public and private universities.

Two-Year LL.M

1. Postgraduate legal education.

2. Focuses on research and specialization (e.g., corporate law, criminal law, constitutional law).

Fee Structures

1. NLUs charge between ₹2 lakh to ₹3.5 lakh per year.

2. Private colleges may charge even more.

3. Law education can easily cost over ₹10–15 lakhs, making it unaffordable for many.

Why Advocate Ashwini Upadhyay Thinks It’s a Problem

1. High Costs = Limited Access

1. Students from low-income families often cannot afford law school.

2. Many give up the dream due to tuition fees, hostel expenses, and exam costs.

2. Lengthy Education = Delayed Career Start

• A five-year law degree followed by two years of LL.M can delay earning opportunities until age 25 or later.

3. Mismatch with NEP 2020

1. NEP encourages flexibility, multidisciplinary learning, and early employability.

2. Law education, the PIL argues, hasn’t kept up with these reforms.

4. Regulatory Gaps

1. No single authority governs legal education.

2. BCI focuses on professional licensing, while UGC governs university curriculum.

3. Result: No unified policy, overlapping jurisdictions, and inconsistent quality standards.

What Does the National Education Policy 2020 Say?

The NEP 2020, launched by the Ministry of Education, recommends:

1. Four-year undergraduate degrees

2. Multidisciplinary curricula

3. Multiple exit options

4. Entry-level employment readiness

The PIL argues that law education has failed to adapt to these recommendations. By retaining rigid formats, it continues to be inaccessible and outdated.

Legal Giants Who Benefited from Early Start

The petition makes a compelling emotional and historical argument by pointing out how great Indian jurists started early in life:

These examples highlight that longer degrees are not necessarily better, and early engagement with the legal field can lead to outstanding contributions.

Arguments Against the Current Legal Education Structure

The PIL raises several systemic problems:

• Commercialisation of legal education, especially by private colleges

• Inadequate infrastructure and faculty in many law schools

• Outdated curriculum, not aligned with modern legal needs like tech law, AI, IP, and cybercrime

• Rigid examination systems, which don’t assess practical legal skills

• Insufficient internship opportunities, particularly in tier-2 and tier-3 cities

What Could Change If the PIL Succeeds?

If the Supreme Court agrees with the PIL and asks for restructuring, several positive outcomes may follow:

1. Shorter, Flexible Law Degrees

1. Introduce four-year LL.B aligned with NEP.

2. Allow credit transfers, lateral entries, and exit points.

2. Affordable Education

1. Cap tuition fees at public institutions.

2. Scholarships and education loans for students from marginalised communities.

3. Skill-Oriented Learning

1. Emphasis on clinical legal education, moot courts, legal aid work.

2. Integration of legal tech, ethics, and policy making in the curriculum.

4. Unified Regulation

• Set up a Law Education Commission to:

  1. Design curriculum standards

  2. Accredit law schools

  3. Conduct national legal education audits

5. Early Professional Start

1. Reduce unnecessary academic delays.

2. Let students join litigation or corporate law earlier.

Concerns from the Legal Education Community

While reform sounds promising, several experts have expressed caution:

1. Risk of Diluting Quality

• Shorter degrees may compromise on legal depth and rigor.

2. Regulatory Overlap

• Adding another regulator could increase bureaucracy, unless powers are clearly defined.

3. One Size Doesn’t Fit All

• India’s legal education needs regional flexibility, not just top-down reforms.

4. Implementation Delays

• Even if reforms are approved, rollout across 1500+ law colleges may take years.

What Do Law Students Think?

Many law students have welcomed the PIL, especially those from rural or middle-class backgrounds. Here’s what some of them had to say:

1. “If fees are regulated and law degrees made shorter, I can start supporting my family sooner.”

2. “We want practice-based learning, not just theory-heavy semesters.”

3. “Why is legal education so expensive when the aim is to uphold justice and equality?”

These voices are a powerful reminder of why education reforms should be people-centric.

International Comparison: How Long Is Law School Elsewhere?

The petition uses these comparisons to argue that India’s structure is needlessly long and expensive.

What Happens on September 9, 2025?

On this date, the Supreme Court will review responses from the Centre, BCI, UGC, and others. The judges will consider:

1. Whether the current model violates the Right to Equality and Right to Education

2. Whether there's a need for a Law Education Commission

3. Whether legal education should align with NEP 2020

The judgment could become a turning point for legal education in India.

Conclusion: Legal Reform or Missed Opportunity?

This PIL presents a historic opportunity to democratise legal education. By reducing course duration, regulating fees, and improving quality, the legal profession could become more inclusive, future-ready, and socially impactful.

Whether the Supreme Court pushes for a Legal Education Commission or recommends changes through existing bodies, one thing is clear — legal education in India cannot remain frozen in time.

It must evolve with the needs of the society it serves.

Also Read: Pay Traffic Challan Online Step-by-Step Guide Legalkart

How to Download the Traffic Prahari App

The app is available on both major mobile platforms:

1. Android Users: Google Play Store

2. iOS Users: Apple App Store

Search for “Traffic Prahari - Delhi Police” and install the app on your device.

How to Register and Create Your Account

After downloading, follow these steps:

1. Open the App: Launch it from your phone.

2. Sign Up with Mobile Number: Enter your mobile number.

3. OTP Verification: A One-Time Password (OTP) will be sent to your number. Enter it to verify.

4. Create a Profile: Add your name, email ID, and other optional details.

Note: You only need a working mobile number and internet connection to register.

Also Read: How To Check Delhi E-Challan Status & Make Payment Online

Types of Traffic Violations You Can Report

The app allows users to report a wide variety of violations, such as:

Important: The image or video must clearly show the violation along with the vehicle number to be considered valid.

Also Read: Easy Traffic Challan Payment Guide - Legalkart

Step-by-Step Guide to Reporting Violations

Follow these simple steps:

Step 1: Spot the Violation

Look for any of the listed traffic violations.

Step 2: Capture Photo or Video

Use your smartphone to record the incident. Make sure the following are visible:

1. The vehicle number

2. The nature of the violation

3. The surroundings for context

Step 3: Submit via App

Open the Traffic Prahari App and:

1. Tap “Report Violation”

2. Upload the photo/video

3. The GPS location and timestamp will be auto-tagged

4. Submit the report

Once submitted, the report is sent to the Delhi Traffic Police for manual verification.

Also Read: Step-by-Step Guide: Applying for HSRP via SIAM's Online Portal

What Happens After Submission?

Once your report is submitted, the Traffic Enforcement Team does the following:

1. Verifies the Violation for clarity, authenticity, and relevance

2. If the report is valid, a challan is issued to the offender

3. Your contribution is added to your profile score

4. At the end of the month, the top contributors are rewarded based on the number of verified reports

Reminder: Submitting false or misleading reports can result in disqualification from the program.

Also Read: FTA HSRP: Complete Guide to Online Registration, Process, Fees, and Status

Monthly Reward Structure: Earn Up to ₹50,000!

To encourage participation, the Delhi Police offers monetary rewards every month:

1. The winners are selected based on the number of valid reports submitted.

2. Only verified violations are counted.

3. Reports that result in challans carry higher weight.

Tip: Consistent reporting, image clarity, and covering different violation types improve your chances of winning.

Also Read: How to Get an NOC and Transfer Your Vehicle Across Indian States: A Step-by-Step Guide (2025)

Why It’s Not Just About Money

The Traffic Prahari App is not merely a reward-based program—it’s a community movement.

Road Safety Advocacy

Every report you submit contributes to:

1. Reducing road accidents

2. Preventing injuries and deaths

3. Enforcing traffic discipline

Community Collaboration

In several Delhi neighborhoods:

1. Citizens have formed WhatsApp groups to divide zones

2. Teams coordinate to cover larger areas efficiently

This has led to a grassroots-level network of law-abiding citizens working together.

Civic Responsibility

This initiative promotes active citizenship and helps create a culture of accountability.

As DCP (Traffic) SK Singh mentioned, the app adds a crucial community-driven layer to road safety enforcement.

Also Read: E-Traffic Challans and the New Motor Vehicles Act 2019

Legal Safeguards & Privacy Protection

You may wonder, “Is it safe to report others?” Yes, the app ensures:

• Your identity is confidential and not shared with violators

• Only verified reports are processed

• False reporting can lead to suspension from the app or legal consequences

The app aligns with the Motor Vehicles Act, Delhi Traffic Police guidelines, and cyber law safeguards.

Common Mistakes to Avoid

To ensure your reports are valid and accepted:

Future of Community-Driven Traffic Enforcement

The Traffic Prahari App is not just a Delhi initiative—it is a model for other cities to replicate. With increasing urban traffic and limited manpower, community-based surveillance could become the future of traffic enforcement across India.

Other cities like Bengaluru, Mumbai, and Hyderabad are already studying similar models for implementation.

Final Thoughts: Be a Prahari, Be a Change-Maker

The Traffic Prahari App is more than just a way to earn money. It’s your opportunity to make Delhi safer, more disciplined, and more liveable. With just a smartphone and a little vigilance, you can:

• Hold traffic violators accountable

• Reduce accidents

• Be rewarded for your contribution

• Inspire others to follow the rules

1. Visit: https://www.tin-nsdl.com

2. Go to Services → e-TDS → e-Payment of Taxes → TDS on Rent of Property (Form 26QC).

3. Fill in:

   • PAN of tenant and landlord

   • Rent amount

   • Period of tenancy

   • Property details

4. Submit and make payment online.

5. Save the acknowledgment.

6. Wait 3–7 days, then download Form 16C from TRACES portal.

Avoiding Penalties: Expert Tips

1. Deduct TDS before paying the last month's rent.

2. File Form 26QC within 30 days of TDS deduction.

3. Issue Form 16C promptly to the landlord.

4. Use separate bank transfers if sharing rent.

5. Track notices from IT department (email/SMS/portal).

Conclusion: Stay Compliant, Stay Stress-Free

Abhishek’s case is a cautionary tale. Despite being punctual with rent payments, he faced a ₹1 lakh penalty due to ignorance of TDS rules. As rental thresholds continue to rise in urban India, more and more tenants cross the ₹50,000 mark—often unknowingly falling into this tax trap.

Understanding your obligations under Section 194-IB, filing Form 26QC on time, and issuing Form 16C can save you from financial distress and legal trouble. If you’re unsure, consult a tax expert or use platforms like LegalKart to avoid surprises from the Income Tax Department.